It is registered
Ministry of Justice
Republic of Moldova
On June 15, 2022 No. 1727
of May 20, 2022 No. 20/5
About approval of Regulations about the requirements of responsible crediting applied to non-bank credit institutions
Based on Item e) parts (4) article 23 of the Law No. 1/2018 on non-bank credit institutions (The official monitor of the Republic of Moldova, 2018, No. 108-112, the Art. 200), with subsequent changes, and article 8 of the Law No. 202/2013 on credit agreements with consumers (The official monitor of the Republic of Moldova, 2013, No. 191-197, the Art. 619) the National commission on the DECIDES: financial market
1. Approve Regulations about the requirements of responsible crediting applied to non-bank credit institutions according to appendix.
to the Resolution of the National commission on the financial market of the Republic of Moldova of May 20, 2022 No. 20/5
1. The purpose of these Regulations is establishment for the non-bank credit institutions (further - NPO) registered in the Register of the authorized non-bank credit institutions, certain requirements concerning provision of the non-bank credit and/or financial leasing, including conditions and evaluation procedure of capability of the consumer to repay the non-bank credit and/or financial leasing, and also degrees of mortgage covering.
2. Provisions of these Regulations are applied to the credit agreements with consumers determined in the Law No. 202/2013 on credit agreements with consumers (further - the Law No. 202/2013). The physical person which is granted the loan has the status of the consumer if the creditor did not receive the documents confirming its occupation with business or professional activity for which the credit is requested.
3. Provisions of these Regulations do not extend on:
1) the re-structured credits,
2) the credits which are completely guaranteed for all effective period money (security deposit) in bank;
3) the credits accepted by the third parties in case of the death of the debtor or the Section;
5. For the purposes of these Regulations the used concepts have the following values:
1) the loan granted to the consumer (further - the credit) - the non-bank credit or financial leasing as they are determined in article 3 of the Law No. 1/2018, provided on the basis of the credit agreement with the consumer, according to article 3 of the Law No. 202/2013;
2) consumer loan - the loan granted to the consumer, other what provided by the subitem 3);
3) the credit under real estate investments - the loan granted to the consumer for acquisition or reservation of ownership right on the parcel of land, construction and/or component of the building finished or which is subject to completion or on upgrade, consolidation or expansion of the building and/or component of the building or for rehabilitation of the earth and which is provided with the pledge established on one or several real estate units;
4) the re-structured credit - the loan granted to the consumer, determined according to concepts of the renegotsiirovanny asset or the prolonged asset, stipulated in Item 3 Regulations about classification of assets by non-bank credit institutions approved by the Resolution NKFR No. 60/4/2019;
5) the pledged real estate - the real estate pledged for ensuring obligation fulfillment according to the credit agreement provided to the consumer;
6) the price of the pledged real estate - the price of real estate specified in the purchase and sale agreement (in the presence of such agreement effective period no more than 6 months for date of the request for the credit) the corresponding object;
7) ratio between the credits and guarantees (further - SKG) - the ratio between total cost of the loan granted to the consumer, and real estate value pledged on this credit expressed as a percentage as it is specified in Chapter IV;
8) ratio of payments on the credits to the income (further - SPKD) - the ratio between debt servicing and average earnings of the consumer expressed as a percentage as it is specified in Chapter V;
9) debt servicing - the amount of monthly maintenance expenses of total debt of the consumer as it is specified in Chapter V;
10) market value - the amount calculated and specified in the valuation report which is carried out by the company for assessment immovable property which date of the edition does not exceed 1 years;
11) average earnings of the consumer - the average monthly net income of the consumer used for determination of its creditworthness in case of application for the credit as it is specified in Chapter V;
12) the confirmed income - actually gained income which can be documented from the official sources which are at the disposal of public authorities, banks, non-bank financial societies and/or bureau of credit histories including money transfers which can be documented, and also documentary confirmed income on the basis of the source documents of the strict reporting provided in the Order of the Government No. 294/1998 about accomplishment of the Presidential decree of the Republic of Moldova No. 406-II/1997.
6. Responsible crediting represents credit activities which the creditor performs assessment of creditworthness of the consumer, does not assume high credit risk, does not allow the consumer to assume the financial liabilities exceeding it financial opportunities for repayment according to credit agreements and does not promote bystry accumulating of consumer debt.
7. To the conclusion of the credit agreement with debtor the creditor shall:
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